Některé obecné otázky hospodářských smluv při správě národního majetku

The article deals with some new appearances in the juridical regulation of the administration of national property by the State socialist organizations. It is concentrated on the relations which originate between socialist organizations on the occasion of transfers of administration, ownership and temporary use of national property. It concentrates its attention principally to chosen questions related to relations between the general provisions of the Economical Code and its general provisions on economic obligations on one hand and the economic contracts, concerning the transfer of administration, of temporary use and of ownership, as far as their object is national property, on the other hand. 1. The position of economic contracts concerning the administration of national property. The contracts in question constitute an independent type of economic contracts, which are a part of the whole complex of contractual relations between socialist organizations, but they differ at the same time from the others. The common features become obvious by the fact that the economic contracts, which originate in the course of the administration of national property, are also a form of the organized cooperation between socialist organizations, are subordinated to the State plan of development of national economy and serve to secure its tasks. They differ from the other economic contracts by the fact that they express relations originating not in the course of the current economic activities of the socialist organizations and that they are juridical instruments serving to secure disposals, the object of which is national property and which have the character of extraordinary measures. Their object is therefore national property, designed originally to be used by the organizations in question in a more durable way, for the fulfilment of the planified tasks of the organizations in question. 2. The obligation to conclude an economic contract concerning the administration of national property. The author deals with the question wheather, also when the economic contracts of this type are involved, the organizations have the obligation to conclude the contract and he comes to the conclusion that this is true in the following cases: a) if the conclusion of the economic contract in question has been ordered by a superior organ, b) if the conclusion of the economic contract concerning a transfer of national property aims at the removal of the so called incompetence for administration, c) if the competent national committee has issued, according to special prescriptions, a decision on the attribution for use of some rooms. 3. The subjects of the contracts. Parties of the contract can only be, according to the Economical Code, socialist organizations, that means principally State, cooperative and social organizations. The transfering party can only be a State organization, the one which administers the national property which has to constitute the object of the contract. With the exception of the contract on the transfer of administration, the receiving party can be constituted also by more organizations. As far as the contract on the transfer of administration is concerned, it can be only a contract concluded between State organizations and the receiving organization must be only organization.